Johirul Islam Khan v. Nasima Bibi

28.07.2021 Ct.35 AKG CRR 771 of 2021 (Through Video Conference) In Re: - An application under Sections 401 read with Section 482 of the Code of Criminal Procedure, 1973.

And In the matter of: Johirul Islam Khan .... Petitioner Mr. Rabi Sankar Chattopadhyay, Mr. Uday Sankar Chattopadhyay, Mr. Santanu Maji, Ms. Payel Shome ...For the Petitioner In view of the nature of prayer made by the learned advocate for the petitioner, this revisional application is disposed of without notice to the opposite party.

A warrant of arrest has been issued against the petitioner by the learned Judicial Magistrate, 2nd Court at Barasat in M. Ex Case No. 232 of 2018 for the execution of arrear of maintenance of Rs. 60,000/-.

It has been submitted by Mr. Uday Sankar Chattopadhyay, learned advocate for the petitioner, that there was a settlement arrived at by and between the petitioner and the opposite party on July 15, 2014, which is appearing at page 31 of this revisional application. It is submitted that the petitioner has already paid Rs. 1 lakh to the opposite party in terms of such settlement. Be that as it may, the petitioner will surrender before the learned Judicial Magistrate within a period of four weeks from date and shall make a payment of Rs. 25,000/- to the opposite party within the said period. In the event of such payment is made, the

learned Judicial Magistrate will consider the prayer for bail of the petitioner in accordance with the law.

If the petitioner does not pay the amount or does not surrender before the learned Judicial Magistrate in terms of this order, the warrant will revive and the learned Magistrate will be at liberty to execute the same in accordance with the law.

Accordingly, the revisional application being CRR 771 of 2021 is disposed of.

(Kausik Chanda, J.)